I'm Commissioner Andy Eads and I'll be presenting officer in Judge Horns absence today. I'd like to take this opportunity to remind everybody to turn off your cell phones and pages. We're going to start our meeting today with the invocation by Tommy Brewer and our pledge of allegiance by Don Alexander, our Relations Administrator. Pray with me. Father God, we ask your blessing today that the citizens of Denton County be kept safe during this period of national concern over the swine flu. We pray that you heal those that have been affected and that we take responsible steps to limit the impact of this dreaded illness. Father, we ask your protection for our men of the Commissioners Court so that decisions made here today are pleasing to you. In Jesus' name we pray. Amen. Join in the pledge, a pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God, indivisible with liberty justice for all. On in the Texas flag, I pledge allegiance to the Texas one state under God, one in indivisible. All right. Thank you very much. Our first item of business we're going to have public input for items not previously listed on the agenda and this morning we're going to have comments from Dr. Bing Burton regarding this wine flute. Don't have a great deal of information to report to you and maybe that's good news. Presently in Denton County we have no confirmed cases and no probable cases of swine flu. There have been multiple lab submissions so it will be surprising if there are positive cases. But to date we have no cases. We are monitoring the outbreak. Certainly expanded our surveillance. We are monitoring the outbreak of certainly expanding our surveillance. We're participating regularly in conference calls. We're working to share information. And so we've added links to the CDC website on the Denton County website and on the Denton County Health Department website. And we appreciate IT's assistance in that process. IT has also helped us to add information hotlines. So individuals can dial 9403492584 to reach an information hotline, one for the general public, one for physicians needing information about lab submissions. We do have masks available, although there really hasn't been reason to use those yet. And certainly on the CDC website, we would encourage precautions. It's typical sort of thing with influenza like cover sneezes, wash hands frequently. And certainly we'd encourage people who are sick to stay home. I think that's about everything I have for you. Thank you, Dr. Burton. All right, next we'll go to item two, which is our consent agenda. Members, are there any items you wish to pull from the consent agenda? I can most approve. Opposed by Commissioner Marchant. Second by Commissioner Mitchell. Any discussion? All in favor say aye. Aye. Any opposed? The motion carries unanimously. Item 2A approval of order making appointments and any appropriate action. We have a new hire in a road and bridge east and an additional new hire in road and bridge east Item 2b Commissioner, I'm sorry one of those has been pulled and I thought you were notified apologize for that We only have one new hire in Road and bridge east and it's 8 a 1 not 8 a 2. Okay, so it will be approval of to a 1 Thank you, Amy. Item 2B, approval of inter-departmental transfers and any appropriate action. Item 2C, approval of payroll, 2D, approval of specifications and authority to advertise for genitorial service, genital supplies, bid number 03091956 in any appropriate action. Item 2e approval specifications and authority to advertise for tires and loob trucks and heavy equipment, bid number 04091969 for UST, AST, compliance on the appointment of an evaluation committee to include Beth Fleming and Bennett Howell in any appropriate action. I'm to G, approval of Budget Amendment request number 100960 for operating equipment and computer equipment for records management in the amount of $6,100 in any appropriate action. To H, approval of budget amendment requests 100970 for tires and tubes and operating supplies for vehicle maintenance department in the amount of $1,033 in the appropriate action. Item 2, I approve of budget amendment request 100990 for air conditioner maintenance for law enforcement facility. In the amount of 15,000 in any appropriate action. 2J approval of budget amendment request 101,000 for operating equipment for county lease buildings in the amount of $3,180 in the appropriate action, 2K approval of a Pullman of Veronica Ponce, Maldonado to the Ditton County Historical Commission in the appropriate action, to L approval of the reappointment of Mr. Bernie Francis as the Ditton County representative on the North Central Texas Workforce Development Board for the term beginning September 30th, 2009 ending September 30th 2012 and any appropriate action. All right, item 3a is the approval of resolution proclaiming March 3rd through the 9th 2009 as children's mental health awareness week in Ditton County. Read this resolution. Whereas the citizens of Ditton County value their health and that of their families and fellow citizens, therefore, they are proud to support observations such as children's mental health awareness week, whereas one in 20 children and adolescents have a very emotional disturbance. Whereas almost 21% of children and adolescents, age 9 through 17, either United States have a mental health disorder. Nearly 11% suffer from a major mental health illness that results in significant impaired behavior at home, at school and among peers. 5% have extreme functional impairment with their lives, with their illness. And whereas it is important that children and adolescents along with families and communities learn about the warning signs of mental health disorders and where to obtain necessary assistance and treatment. And whereas obtaining a full and accurate diagnosis of a child requires gathering information from diverse sources, including the family school and others involved with that child. And whereas early diagnosis and appropriate treatment of mental health disorders among children and adolescents, provide them better opportunities to lead full and productive lives. The participation of family members in the assessment of treatment of children and adolescents is integral to positive clinical outcomes. Whereas children's mental health awareness week was developed by families of children with mental, emotional behavior and social needs to focus on the needs of their children and families, it is fitting to increase public awareness of this important issue. Now therefore, be resolved that the Ditton County Commissioner's Court does hereby proclaim the week of May 3rd to the night, 2009 as Children's Mental Health Awareness Week in Ditton County, Texas. Done an open court this 28th day of April upon motion by Commissioner Andy Ead's seconded. By Commissioner Marchant and three members of court being president voting. All in favor say aye. Aye. He opposed. The motion passes unanimously. All right, I believe we have Ms. Heidi Todd with us this morning. Are you here? Ms. Todd, would you like to make any comments? Come up here to our, come up here to our, our microphone. Thank you very much for recognizing Children's Mental Health Awareness Week in Denton County. And we have Karen Longdishman here, the board chair of the Alliance for Children and Families of Denton County and Heidi Scolese, the project director, the Alliance for Children and Families of Denton County was established to provide a nationally recognized wrap-around process for children and youth who have been diagnosed with a mental emotional and or behavioral disorder and we have been working with families through the Texas Integrated Funding Initiative which is a grant that was awarded to the Denton County Federation of Families. Thank you very much. Okay, three B is the approval of a resolution proclaiming the month of May 2009 as motorcycle safety and awareness month in Ditton County. We have a resolution as well. Whereas today's society is finding more citizens involved in motorcycle on the roads of our country and whereas motorcycles are roughly unprotected and much more likely to be injured and killed in the crash than other vehicle drivers. And whereas campaigns have helped inform riders and motorists alike on motorcycle safety issues to reduce motorcycle related risks, injuries, and most of all fatalities through a comprehensive approach to motorcycle safety. And whereas it is important, whereas it is the responsibility of all who have put themselves behind the wheel to become aware of motorcyclists, regarding them with the same respect as any other vehicle traveling the highways of our country. And whereas urging all of our community to become aware of the inherent danger involved in operating a motorcycle and give the operator respect to the road they deserve. Now therefore be it resolved that the Ditton County Commissioner's Court does hereby proclaim the month of May 2009 as motorcycle safety and awareness month in Ditton County. The second and second by Commissioner Marchett. And three members of the court be in present voting. All in favor say aye. Aye. Any opposed? The motion passes unanimously. And I believe we have a guest here as well. If you'd come forward, please just turn McHulden. Good morning. Good morning. Thank you. I appreciate it from Denton County. We're going to all of the cities and counties around the state receiving proclamations this month. All I would like to do is remind everybody to watch out for us on the road, where your mother, daughter, sister, brother, father, friend. So keep your eyes open. Thank you very much. I have Scott Gates, an independent rider with me, Kristen Schivers, who is also with Denton A-Bate. I'm the Denton A. Bay Newsletter Editor. Thank you all very much. The worst coordinator for the CFW region takes consideration of and the bother of somebody that did not watch what we were doing on the road. People at T5 are more likely to see every other week while there, including the big trust that the little kids on the street have told them we're so hard for them. It's making our way back with all of this special. Thank you. You know, picture? Yeah, I need a picture. I'll touch your past. Thank you. It seemed a lot of page. Yeah, I need to go to the next page. I'll put you in the next page. Thank you. It seemed a lot of miles. Oh, yeah. I need him in a couple of two. I got you doing a part of my life. Thank you. Thank you. I'm going to go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead and go ahead, go ahead Ron. This is a school in the southern part of Denton County that all my children attended and I'm still totally involved in and this was when you have a small Christian school that numbers a high school of around 250, anything like this. Even on a grander scale in a public high school there's something to get excited about. So I'm gonna read this resolution. They're having a big, big event this afternoon that I'll be presenting this resolution to and one of their assemblies. So if I could read this. Resolution honoring Carrollton Christian Academy men's soccer team. Whereas Carolton Christian Academy men's soccer team four years after its creation won the taps, which is the Texas Association of Private and Parochial Schools Division three state championship on February 21st 2009 and San Antonio, Texas by defeating Prince of Peace with a score of 1-0 in double overtime play. And whereas being the very best in the state requires total commitment, dedication, and personal fortitude from the players, coaches, parents, and the community. And whereas the CCA men's soccer team has set a team scoring record that will be very hard to break in the years to come. And whereas the CCA men's soccer team had an undefeated district record of 10, 0 and 2 during the regular season. And whereas the dedicated staff led by coach Tom Stanley have instilled the importance of excellence and discipline in the students and players, not only on the soccer field, but in life and have gained the respect of the area through their continuous effort toward success. Therefore be it resolved that Denton County Commissioner's Court, Denton County Texas, congratulates the Carrollton Christian Academy men's soccer team for winning the TAPS Division 3 State Championship and declares April 28, 2009 as CCA men's soccer team appreciation done. Day, done in open court this 28th day of April 2009. I move for approval. Okay. Okay, with emotion from Commissioner March and second from Commissioner Eads. Any discussion? All in favor say aye. Aye. Opposed? The motion passes unanimously. Thank you, Commissioner Marching. We're going to pull item 3D from the agenda today. There's no items for four public hearings. Item five, the other in Treasurer's Report. Item five A is the approval of the bill report. Payments from CSCD, Community Corrections, TAIP, Sheriff's Training, Sheriff's Forfeiture, VIT Interest, DA Check fee, and DA Forfeiture funds are represented for recording purposes only. Thank you. Good morning, commissioners. I'd ask Court to prove the bills that's presented with the three deletions that were processed incorrectly. They're listed on separate page and there's about 12 additions, mostly last minute travel to request. There's one request to increase the county clerk recordings, change funds. It's $400. It increases change funds from 300 to 404 cash drawers in that office. There is some return of seized and forfeited funds that are really there for recording purposes only. That's all the corrections I have. Okay, members, any other questions? For approval. Motion by Commissioner Marchant. Seconded by Commissioner Eads. Any discussion? All in favor say aye. Aye. Opposed? Demotion passes unanimously. Item 5B approval of Ditton County Investment Report for the the quarter ended March 31st, 2009 in any appropriate action. details our investment position at that time and also our investment earnings at that time. At the end of March we'll have as much county funds on hand as we ever will because we pretty much got our whole year's tax collections in. So you'll again see the, I do not see my page number. There are very well. I'll have you, page numbers. On the fourth page of the report, you actually can see the detail of the investments, our investment positions. Mostly again these are in short term investments because the rates are so low that really not much, um, input test to bring anything higher. Further pages, other, further pages detail also our position in pools and overnight reimburse, overnight repurchase agreements. The thing is now with the investment report, this last quarter is certainly the lowest interest rates we and return on investments we've ever had. The rates are down 500 basis points since two or three years ago, the current Fed funds rate is half a percent. I think the first time in every in my memory it's been that low. So our returns on our investments, our CDs, we are getting slightly better than market rate on CDs from our depository bank for a special agreement with them. Our money that's in pools has gone down to yielding at the end of March barely over that five, over one half of one percent. So this will obviously affect this year's budget. We will not make our budget to revenue for investment earnings. It will certainly affect next year's budget. The federal reserves schedule to meet this week. They are showing no signs of increasing the interest rate. That their Fed funds rate or the primary that they control. So for the foreseeable future, we're going to be with very low. This will affect our budget. Probably the tune of about $2 million in lost earnings from last year, certainly over the year before. That's the report you have in questions. I did include yesterday's sheet for the cover page that the sign by both of the Treasury and myself as required. Any questions? Questions from the members. Any motion for approval? Motion for commission of Marchant. Chair was second. All in favor say aye. Aye. Opposed? The motion passes unanimously. Okay next is 5C the presentation of 2008 didn't county comprehensive annual financial report, independent autours opinions and management letter recommendations. Yes. Judge, the commissioners we have with us, John Manning is partner with our counties, independent Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. the real fact quick recap of our financial position and our financial operations for the year ended September 30th, 2008. There are under financial impact. There are several highlights there. Also included the Auditor's Management Letter and also Statement of Alting Standards 114 Report, which is a new report that new increased auditing standards are included. Also my responses to those reports are there. We provided you copies of our financial statement last week. And we're here to answer your questions. Mr. Manning's gonna give a report over the audit. I first, right now, then would just be open to questions that you might have. Thank you, good morning. I'm basically going to talk about the independent audit report of the reports that are ours. This is a comprehensive annual financial report. So all of the things that you need to know about the financials are already in here and Mr. Wells has provided a very good synopsis of that, so I'm just going to go over the part of the report that's ours. If you look at page one, the in-penn and orders report, what it states is that the responsibility of the financial statements rests with management and our responsibilities to express an opinion as to whether these financial statements are materially correct. And that's at this report states, there are four types of opinions that we can give as independent auditors. This is what we refer to as the unqualified opinion. The highest level of assurance that we can give and all have had that in the past. And I know with all the dead and things that y'all have been issuing, that having that clean opinion is a very good thing to have. So I wanted to make sure that you all knew the responsibility of us and the responsibility of the county. One thing that I'd like to direct your attention to is page three, the management's discussion and analysis. This is a document that was added about five or six years ago that is a very good financial tool. If you're looking through the report and you're having questions on what happened between this year and last year, I would direct your attention to this. The auditors office actually prepares this part of the audit report and they do a really good job. They talk about changes, things that went up, things that went down drastical for prior year. So if you have questions, I would direct your attention to this part of the report. Just a couple of financial highlights, fund balances in the general fund and Roman Bridge funds appear adequate. We were also noticed that in the budget to actual statements that expenditures were adhered to, meaning you all did not spend more than was budgeted, and you actually collected more revenue than was budgeted. So that increased fund balance. We'd also like to note that in the Health Insurance Fund, which has had a deficit net asset position over the last few years, saw a vast improvement this year over last year, decreasing that deficit net assets to almost an even position, so we are glad to report that. In the back of the report, if you will look, there are two reports that we issue because the county is a local government. The first one is essentially on page 140, because you guys spend over $500,000 of federal funds. We have to do our audit under the Single Audit Act. And we did have one issue with some compliance that we noted in here and Mr. Wells in his office have provided a response and a recommendation on how they're going to correct that. We also had a report because the county is a local government. We have to do our audit under government auditing standards. We had one issue with the computer system involving fines receivable that we noticed this year that also has been addressed by the Auditor's Office and that response is attached here as well. So all in all, considering the size of the county and the amount of transactions that go through here and the different collection points, we feel that the audit went very well and we would like to commend Mr. Wells and his office for all the work that they do. And we would like to thank them for their assistance and we would also like to thank the court for approving our firm to do the audit for Denton County. And if you all have any questions, as Mr. Wells said earlier, we'll be glad to try to entertain those now. Invers, we have any questions? I'm still not comfortable with the cash drawer and check signatures, but since the auditors have signed up on it, I guess we're okay. I see your statements here. I'm still having some questions about it, but I'll take that up with inside. Yes, it's something that would increase internal controls, but since it is in the management letter, it's not a serious issue. It's just something that could increase controls. If it was serious, it would be in the actual audit report. So we consider it. Consider it. Okay. The double. Yes. Any other questions or comments? Just follow that up. Most of those cash drawers that I understand are in control by a elected officials that correct like the county clerk, the tax office, assessor collector, JPs. And those people are bonded and that if there's anything that ever happened with those cash boxes, those elected officials are the ones that would have to reinstate any money that is lost or stolen or whatever through those boxes. Is that correct? Mr. Erick, you're right. In the vast majority of our offices that collect funds, not all of them are on the leadership of the elected official. All elected officials are bonded. And then we have a couple more that actually have, must also have errors in admission insurance. That's our two clerks. Those actually protect the public against laws, the bonds protect the county against laws. Then the tax assessor collector actually has bonds to both the county for the money that he collects for the county, he also has a bond payable to the state. And those bonds, again, protect whoever they're issued, they actually say who they protect, the county. And then the actual elected officials bonds actually cover the acts of their employees too. If we have a loss, if we have a loss through an error, or a loss through an intentional act, we do have several methods of recovering that depending on the circumstances. We actually can file a claim against the bond. If it's in the office with errors and emissions insurance, we can file a claim against that insurance. The county can actually file a claim directly against the official. The officials, they are the custodians of their money and they are responsible for it. And also, even if it's a reasonable error based on circumstances, the county actually can't indemnify by statute, and indemnify like the official gets lost. If it's deemed just something that happens in the ordinary course of business when you do, again, as many transactions that we do. There's a third option there too. And we've used almost all those options in the past. James, let me ask you this. And the reason I'm bringing it up, I think it's with two folks here that can give me some insight. In the past, there have been a dollar, $10. I think at the most, $45 that had been an error within. A cash box that had been in my office, mainly because they failed to collect the right amount of money or give the right amount of change. And tell me if I've done wrong, but I have replenished that cash box out of my own pocket since it was my liability. Any liability will be against my bond anyway. So is that an appropriate action from an elected official or would you like it be handled in the other way because I've had that question asked of me. Commissioner again in the circumstance in my opinion and demanding those is also two. The responsibility is very important that the responsibility for the actions of the office, procedures of the office and the actions of the assistance are the responsibility of the elected official. That is a very bedrock that's a foundation of internal controls within the county that the controls start with the elected official. That, you know, given circumstances that actually, you know, process you went through is very appropriate. And a lot of times it's just, you know, it depends. Law doesn't make a lot of differentiation between an honest mistake because of transactions and a mistake because of carelessness and an intentional act. But I think in real course of life we do. That's been our across the county. It's time I've been here. Our reactions to mistakes. Generally our different reaction than a reaction to an intentional act. So you're saying you don't report that but you just replaced it? No, no, no, we always report it, we always make notes of it. We do distinguish, we try to distinguish based on professional opinion between things that are then reported to the district attorney's office for action. Okay, that makes me feel better. But any intentional act, I will say this, an intentional act of taking money is always reported to district attorneys. Yes. And we've had many cases prosecuted over, in the length of time I've been here, as you would expect. Not a, it's not an everyday occurrence, but it certainly has occurred. Again, I'm really trying to make a distinction between a mistake from a large workload versus a pitch or a way. Well, when you've got a cash box of $400, it's very, very easy to determine if it's intentional or not. That's not a lot of cash, but I mean, Office of State and April. Axel. Yeah, a thousand or whatever. But, you know, I wanted, I hoped that you affirmed what that practice has been. And one other elected officials that are in that same position know that that is an acceptable procedure to replenish that cash box out of their own pocket because they ultimately are responsible. And again, I would thank also. There's other action you can take so that the employees responsible is still accountable. You know, you know, back in Commissioner Mitchell's comment, we don't even mistakes people need to be accountable for them. There's just different ways that they're treated. The thing we don't do, we don't recommend is just saying, oh that's fine, let me make it up. You know, again, that's not a case we want in any office for mistakes that cost money. Either the county or their elected official are accepted as a part of ordinary business. We don't want to do that. Thank you for taking the time to explain it. Problem. Questions? Thank you so much. Thank you. Commissioner? Yes, sir. If it be okay, could I make a few closing comments? Yes, please. Again, I would thank First off, Mr. Manning in his office. I'm again, I'm emphasized to you guys that the independent auditors spend much of their time in my office auditing the work of my office. They work for you guys, though. They work for the commissioner's court. They're under contract with you and they're answerable to you while they're reviewing my work. You know, I don't hire them. I don't choose and find not making recommendation because it's always important that they work for you guys. And they're in your first line of defense. This independent audit has already been it's right now this financial statement is already posted with our upcoming bond sale. It's already been sent to bond rating agencies. It has been sent along with the management letter and our responses to every one of the grant Tour Aidencies listed under the single audit section, which is about 30 Aidencies. So this gets a wide usage. A lot of material in here, probably too much for a lot of people. I will just point out though that as we go into a new budget year, the bottom line of this budget is we are in the Bitten County is in very strong financial position. We have challenges coming up just like everybody else, just like the investment report shows. We're gonna be hit there, we're gonna hit lots of places. We have not ever been in stronger financial condition to meet those challenges than we have. We are right now, so just wanna make that point. Well, we have the floor. Thank you, thanks for indulging me. And I want to thank you. I mean, we go to different meetings. We go with different other peers within the county government of other commissioners, and they are not fairing as well in their upcoming budget as we are and a lot that has to do with early planning in prior years and what they do and some of them are playing catch up and I appreciate the responsible past behavior and policies have been put in place and didn't count to assure us of being in a very good position to go into a very down, down year. And I appreciate that. I'd like to second your comments and thank you James and your staff for bringing us this cafe for today. And that we receive as a clean report from the auditor. That speaks well of you and your office and that didn't county structure as a whole. I appreciate that. Thank you very much. As always, there's lots of other offices and bombs that always share the credit. Thank you. lots of other offices and bombs that always share the credit. Thank you. All right. Next we'll under purchasing six a the approval of termination of bed zero six zero eight one nine one seven hot mix as fault at concrete to Jago public company as primary and Sunmount Corporation as secondary as a matter of convenience effective June 11th, 2009. It's got one of the safety things. If you all have any questions, the producer price index has decreased on these materials. And we just feel like it's in the county's best interest at this time to re-bid it. We feel like we can get a better price on our contract process. This is a cost savings to the county, I think it's important to note. So I live in motion for Commissioner March and second about Commissioner Mitchell. In other discussion, all in favor say aye. Any opposed? Motion passes unanimously. 6B, the approval of award for medical staff recruiting, correctional health, RFP number 02091954, to guardian healthcare providers as recommended by the evaluation committee in any appropriate action. Guess you have any comments? Dr. Barton and I'm the Phillips of work together for a long time to secure adequate personnel for the jail medical. It's been hard to keep those people in place, so Dr. Barton brought up the situation to go out and hire a recruiting farm to help us with this. The specifications were brought forward, bids will put out valuation committees making this recommendation. If you have any questions, I may be able to help you with some of the other questions to the specifics of the jail facility. Members, do you have any questions or comments? No, I'm approval. Motion by Commissioner Mitchell. Second by Commissioner Marchant. All in favor say aye. Any opposed? The motion passes unanimously. 7A approval of budget member requests 1009-5-0 from mislinus, road and bridge expense. I'm clueing the transfer funds from road and bridge, precinct ones, unappropriated contingency for road and bridge, precinct one in the amount of $27,569. Motion by Commissioner Marchant. Second by Commissioner Eads, is there any comments? All in favor say aye. Any opposed? Motion passes unanimously. Item 7 be approval of Budget Memory request 100980 to increase revenues and allocate expenditures From the sale of surplus property for county-barred improvements for road and bridge precinct for any amount of 16,418 dollars. I'll move for approval Seconded by commissioner marchin Any discussion all in in favor? Aye. Any opposed? The motion passes unanimously. Item 13 A is approval of change order. Number two are in amount of $35,292 in zero days and approval of change order. Number three in amount of $11,864 and to additional days for the Ditton County Administrative Complex Phase 1 and any appropriate accident Danny. How y'all doing today? What we have is whenever on two are based off of the delay in starting the project we had some issues with the Masonary contract. Contractors, so we had to go to another bidder or subcontractor. Bobby. Excuse me. No, no, no. Cheers. But no, that's next. Oh. Okay. And we also had an increase from the sky high contractor. So that's what changed order 2R is. The change order number 3, whenever we run into issues with getting the pond started at the same time as the building, we had to get dirt from the other site. So that's the additional cost for pulling that dirt from the other site and putting up a fence around it. And those numbers are not correct. The numbers for that one is 11008, which makes the total both change orders 45,300? Which leads us 11,000 in eight dollars and a thousand and no wait. A thousand and no wait. Okay. So that number was incorrect. Members, do you have any questions? Okay, so what are the real numbers? The equivalent change order number two are in the amount of 45,300. Change order number two, R and three is a total amount of 45,300. The change order two, R is correct. Change order three is not correct. That should be one thousand and eight. Ten thousand and eight I'm sorry. I'm confusing myself. Okay. Which makes the total of both change orders 45,300. Do we have a motion for approval for the corrected amount? Motion by Commissioner Marchant, the Chair will second. Any other discussion? All in favor say aye. Aye. Opposed? Demotion passes unanimously. 13b, the approval of preliminary design for the parking lot within the fourth floor Build out of the Ditton County courts building any appropriate action Danny Last week when we met there was some discussion as to whether we could put the parking lot up at the the front of the facility and still be able to Have a facility in that space. I believe with everything that we're looking at, if you look at this one, it shows the facility there. And then these, these are the different AB and C, I guess, that we had options on. Then you can see this was given to us initially as potential space can get this space with the facility in it and I also found whenever HDR did their proposal to the capital improvement. They also indicated that we could put a parking lot in that area and then add a wing to the facility. So whether we decide now or you know I don't think we need to decide now for the facility goals I think this just shows that we can do that. I know that since last week I've met with Danny and kind of gone over the different site plans and a master plan and I feel comfortable personally with Scheme 1 which is the continuation of the, it's kind of the mirror image of what's existing. What we found in the space study was that it indicated that we could put a facility on the site, it just didn't tell us where we could put it. Scheme one. Scheme one. Now I'll move for approval for Scheme one. Seconded by Commissioner Marchant. Any other comments? All in favor say aye. Any opposed? The motion passes unanimously. Thank you, Danny. Thank you. It's for getting that information for us. Thanks for getting the information for us. Yeah, and just so that you all know, the space study is on the introsight on under projects, I believe, towards that. Perfect. Thank you. is on the interest site on under projects, I believe, towards that. Perfect. Thank you. Okay, item 13C. Members, I'd like to pull this item. No, ma'am. That's a different one. And the backup material indicated they would like a response from Ditton County for by the end of April, but I've visited with Mr. Fagan over at the EFW Airport. And he said time is not of the essence as the letter indicated. So we do have time to continue to investigate this item. So I will, we'd like to pull 13 C. Commissioner Coleman could not be with us today. He is ill and he would like to pull items 13 D and then as well as 13 E. But we do have a member in the audience in attendance, Mr. Phil Duncan who wanted to speak regarding 13E. We're not going to take any action, but if you would like to comment, we'll welcome your comments. Thank you members of the commission. I didn't realize the item was being pulled today, but I would just like to give you a very brief overview of what the issue is and answer any questions you may have. I'm a partner in the E.A.D. that owns this property. It's in the extraterial jurisdiction of the city of Oak Point. And we have an existing water control and improvement district that was approved in 2006. We worked very closely with the city of Oak Point at that time and we have a fully agreed upon development agreement with the city. The city granted their consent to our creation of the WCID and also our agreed plan with the city was to create a city sponsored PID for the for the financing of roads. Our water control and improvement district is established to bond our water sewer and drainage. And so we've been working very closely with the city and our district. And it's in everyone's best interest and everyone agrees that the preferred method to finance the roads is through our WCID. So we have a bill pending in the house to add the authority to bond our roads through our WCID rather than the city-issued pit bonds. It's just preferable for all parties to have all the bonds issued through just one bonding entity rather than two. And we have the city support. We've worked extensively with the city, who's ETJ we're in. The district itself prefers it done this way and we the property on honor prefer it this way. So it's it's truly a win win solution that's better for all parties involved and our bill is pending and we would appreciate your support and I hear to answer any questions you may have. Archen statement. of the question. Archons statement. It basically, this is just piggybacking another development using the same language as the first creative, first utility district that was created. It is not piggybacking a new development. It is the one and only development. It is just adding road powers to the district. And we always envisioned bonding and financing the roads, but it was going to be done through a PID with the city. And our WCID would do the other portions. And now the city as well as we desire to rather than having to go to the trouble of having the city issue separate bonds for PIDs to let it's the same tax rate, the same project, the same financing structure, it's just preferable to have one bond issue which is through our WCID bond these roads rather than having to have a separate bond issue through the PID. And we've worked diligently with all parties, the cities in support of this, and as are we. Second question. In your existing contract that you have our existing development, do you have a contract with local, with Oak Point that takes care of police, fire, EMS. We do. Our development agreement addresses that. It was a very important issue to the city as well as for us. And we have that contract in place right now with the city to contract with the city of Oak Point for all police, fire, and EMS services. That's good to know because I think a lot of the objections or concern of the county with any of these policy statements that have to do with contracts that they may enter in to with another municipality, our agency to provide those services that maybe we have a caught in the past and make sure that we're catching now. But that helps me understand and know that that's in place already. Yes, that was important to the city and to us and we have an agreement to pay and reimburse the city for the appropriate cost and we were very desirous of having that mechanism in place to have that protection. Members, we have one other guest in attendance who could speak on this issue. Well, this is Ms. Debra Dreovitch. Thank you for your time. Thank you for being here. Thank you, commissioners, and it's an honor to be here. And I found out yesterday that these bills were on your agenda today for approval of a legislative policy. I'm here in my capacity as city attorney for the city of O'Point. And Mr. Duncan has referred to developer agreements. And I am not sure I just checked with your council. And it looks like we may have different copies of different bills. The city gave approval to a resolution to a certain substitute bill and I'm not sure that that's what's in your packet, but we're working through that and I want to share with you that we have worked with Mr. Duncan and his developers for the last couple of months to negotiate an agreement that will satisfy and we feel protect the taxpayers and yet provide the ability for the wicked to construct the roads in Levy attacks. We're not there yet, and that's why in the bill if there's a sunset clause. And if we, if the city, I say, if the city doesn't grant consent by the, before the first of the year, then no taxing powers for roads will occur. I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think that's why I think briefly with Mr. with the commissioner but wasn't able to see it yet but since that and Mr. Duncan do we have I wasn't aware that there were agreements for law enforcement services in place Well, that's one of the things we're also working through and And I just wanted to let you know that the cities approval of our consent to the creation of the additional road powers is subject to certain conditions. And I would be pleased to answer any questions. And I know that the items not on your agenda, but I just felt compelled to speak. Sure, well thank you. I don't want to draw this out at all, but do you, do you have an agreement also with the developer that any roads or any utilities that they construct within that utility district meet your building standards? We do. Okay. And so in that language also is in the legislation. Okay, and is it your building inspection department that does the inspection on those utilities? That is one of the issues that we will be negotiating before we give our consent. And the reason I bring that, one of the earliest utility districts that was formed here in Denton County is Castle Hills. Mm-hmm. And Lucille? Okay. And yeah, and they're having now that it's over 50 years, in county is Castle Hills. And local? Okay. Yeah. And they're having now that it's over 50% built out, they are revisiting some of the, what I want to say, non-specific parts of their contract that they had the development contract that they had in some of the inspections, they're just reinterpreting what, who makes those inspections, who is held accountable for those inspections. And so, I would urge you, if you had that opportunity to revisit that through the introduction of this bill, that you revisit that and get some clarification on specifics where in the future what's happening is the citizen that lives in that district is finding that everybody's playing tag, I quit and so can't get answers. And so, I would just urge you to revisit some of that stuff and put some specificity, is that right? Yes. Yes. Yeah. That's worth it. Specificity. Yeah. In that new bill, if you have the opportunity to do that, to cover some of those things, that's just a suggestion. No, and absolutely, it's like my father always said, if we could sell our experiences for what they cost us, we would all be millionaires. That would. But I appreciate that. And I don't think that is very clearly spelled out. And that's absolutely one of the reasons that we're not rushing into this. The original agreements provided that there would be those public improvement districts created, but every issue of bonds was subject to approval of the City Council at its discretion. And this bill removes that discretion. It's gonna be a power. So we have to include those psych guards. Perfect. Well, Mr. Drevitch, Mr. Duncan, thank you all for being here this morning. And again, this is on our agenda, but we're not going to be taking any action on it today. So I welcome you all to come back next week and check with Commissioner Coleman. He's going to be reposting that for next week. All right. Thank you so much. All right, Thank you so much. All right members Yes, I just wanted to make a small clarification. I just check the house bill 1090 is the correct bill you have I'll keep checking if you submitted a substitute it hasn't either made it out of committee or they haven't presented it yet So the packet is good the packets correct if it does Committee such a two comes out. I'll forward you that substitute. Perfect. Good. Thank you, friend. Okay. Item 2F and to, I mean, the item 13 F and 13 G are both going to be pulled at request a commissioner Coleman. Item 13 H approval of a legislative policy statement for the 81st legislative session relating to the hours during which polls are open for early voting by personal appearance specifically stating didn't county's opposition to House bill 51 to any appropriate action. Yes, Don, please. Yes, Don, please. What House Bill 512 does is it extends the hours of early voting from 7 to 7 during the first week of early voting and all the facilities have to be open during all those hours during the period of early voting. What will happen if this bill passes is as I will lose about 6 of my 16 early voting. What will happen if this bill passes is, as I will lose about six of my 16 early voting sites because they're in churches and locations that won't allow me to use them during the full period of early voting. Additionally, there's a physical note that you may have, I think, Judge Horn put it in her letter. It costs the county approximately $29,000 per election to go and add in these early voting hours. So I recommend that the court oppose this bill. The Texas Association Election Administrators and the County Clerks Association have both opposed this bill. And so right now it's already been heard, it's in committee and we're trying to keep it from coming out of committee has written. Okay. We oppose it. Motion by Commissioner Mitchell. Second by Commissioner Marchin. Any any questions or comments? All in favor say aye. Any opposed? Motion passes unanimously. Thank you, Dawn. unanimously. Thank you, Don. Item 13, I approve of the annual renewal application for the National School Lunch Program School Breakfast Program Contract, School Year 2009 through 2010 in any appropriate action. Motion by Commissioner Marchant. Second by Commissioner Mitchell. Any comments? All in favor say hi. Any opposed? Motion passes unanimously. 13J is approval of the recommendation of Commissioner Bobby Mitchell to serve on the North Central Texas Council of Governments 2009-20010 Executive Board to chair move for approval. Second. Second by Commissioner Marchant. All in favor any comments? I just want to correct something in the thing on the memo that says I'm already on that board. I've been on that board before. In previous years. So before we send that to me, I'd like for that to be corrected. For the letter to be revised. Okay. It's the full one, I think. the letter to be revised. Okay. It's the full one. I think. Form two call. Hey. So we'll be administratively revise that. Okay. All in favor say aye. Aye. Any opposed? The motion passes unanimously. Congratulations. Up there. 13 K. the 0.0142.006, 42.031 in 42.033 as follows. Split precinct 117 into precinct 117 into 117 and a new precinct 140. Split precinct 120 into precinct 120 and a new precinct 141. Split precinct 123 into precinct 123 and a new precinct 142. Split precinct 135 into precinct 135 and a new precinct 142. Split precinct 135 into precinct 135 and a new precinct 143. And split precinct 411 into precinct 411 and a new precinct 430. Adjust boundary definitions to match the new Texas Legislative Council TLC mapping software by changing precinct 115 boundary to match state representative lines, changing precinct 119 street name change, changing precinct 137 street name change, changing precinct 214, 14 boundary to match state representative lines and changing precinct 305 and 315 boundaries to match TLC mapping. The splitting of precincts as identified in this agenda will take effect January 1, 2010. The matter changes to street names and boundary adjustments to match Texas legislative council will take effect on approval of this agenda item. Don Alexander, do you have any comments? Yes, I do. Thank you, Commissioner. Members, court, okay, what this does is we've gone through and we've evaluated the population of active voters in each of the precincts in the county. There's five that have now exceeded 5,000 so you can see where the growth is coming. It's in the east part of the county and then down in the southwest corner. And so there's five precincts in there that I'm asking you to split and what I've done is I've found a geographical center or a landmark in each one of them to go and do that split with the 411 precinct. I'm splitting it along the city of footwork boundary lines around the Frisco ISD and little MISD boundary lines so that those will be in that area and then as far as the minor adjustments that we're doing if you look at the 305 315 precinct when the developer platted out his development in Luisville back at that time. There was a creek that ran through the area and the boundary for the splitting of those two precincts followed the creek. But the developer came back and later developed a green belt and moved the creek to where it flowed the way he wanted to go and he could get more houses in there. So what this does is this moves that boundary line. It doesn't affect any voters at all, but it moves the boundary line to coincide with what the legislative council has. And they've got some new software and they're getting ready to do the redistrict again in 2011. And so they want to make sure that the lines that we have match exactly what the lines they have, and coincide with the census blocks and census tracks that they have. And so we're cleaning up some stuff for them so they can get ready to do redistricting in 2011. But the minor adjustments on the street name are those minor boundary move like in 2, 14, 3, 5, 3, 15, those don't affect any voters. It's just us suggesting the line to where it matches what they've got on their mapping program. And I would recommend approval. Okay. Members, the order that I read was an amended order for 13K, which is different in the agenda placement, so it is amended. So do we have any questions? Just I can remember, I think the first year that I was on commissioners court and we did some splitting realignment or whatever and had a lot of questions that were given to me, why in the world did we do that? So I'm going to check with you and with an understanding of what you're required to do under the law when you start re-evaluating each February and March, our March and April, as according to the election code, on these precincts. You have to establish that these precincts are over or under how many in population? Voters. When I start out doing the evaluation for, and it's done in March and April of the odd years, when I start out doing my evaluation, I go and look and see how many active voters that are in each precinct. Not registered voters? Not registered voters, just active voters. How do you determine the active? Well, my computer system will go, and it'll pump me out a list and report how many there. Now, active voters, a person who is registered at their residence and there currently, there's currently no address issues with them. If I send them out as certificate and it returns to me as undeliverable, then they become a suspended voter and they stay as a suspended voter until they pass two federal elections without voting or they send me a new address card. So when you go into vote, if you're suspended voter or even if you're regular voter, the judge will ask you, have you moved and you say yes or no and if you say yes, they give you a statement of residence card and you fell out that statement of residence card and then we update your address and then you become an active voter again. So a suspended voter and an active voter can vote in any election that we hold. But then when it comes time to read a just boundary lines for precinct, it's only based on active voter. So then once I determined that I've got a precinct that has too many active voters in it, then I have to go. But find that for me. how many is too many? Six to five thousand. Five thousand, okay. Once I do that, then I go back and I take a look at making sure that what I'm going to do doesn't conflict with any other laws. In other words, the law says that I can only have one commissioners precinct in a- one commissioners in a precinct. I can only have one JP, I can only have one state senator, state rep and so on. So you go through and you might sure that you balance out all this now. And naturally if I'm splitting one, they're all gonna match what was in the previous one, I split from. So, and that is all that the law for you to do. There is election commission within Denton County. There are particular parties, Democrat, Republican party. Do you have to, are there each precinct ourselves? Do you have to get input from those entities to make this decision? Is there a certain protocol set up for you to do that? Are you required under law to do that? Or if you do do it, is it based upon your discretion only to include them in that process? The whole process is directed by state law. And it's an administrative process based on the population of the precinct. We're not required to communicate with a political party. Now we will communicate with the political party now that when you approve this today, because I will send out letters to the party chairs, explain to them. We split these precincts and then they will submit lists and request a submit list for the new precinct judges and alternate judges that will come back to court and you'll appoint in July. So there's no requirement under state election code that you are to present this to the election board or any appropriate party like the Democratic party, the Republican party to get approval from them before you come forward with the recommendation. That's correct. Thank you. Any other questions? We'll just comment that amended order basically added the effective dates. So it wasn't the substantive as far as the boundary issues. Any other comments? Okay, I'll move for approval. Second. Second about Commissioner Mitchell. Any other discussion? All in favor say aye. Any opposed? Motion carries. Thank you very much. Thank you, darn. carries. Thank you very much. Thank you, Don. 14A is the approval of amendment number two to TechShare Resource Sharing Addendum Juvenile Information System, JIS, between Ditton County of the Texas Conference of Urban Counties as recommended by the Director of Information Services. Oshin Depp, Proof. Oshin, by Commissioner Marchant. Second. Second by Commissioner Mitchell. Is there any comments? motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion of motion As recommended by the Director of Emergency Services and any appropriate action. Chair move for approval. Second. Second by Commissioner Marchant. Any discussion? All in favor say aye. Aye. Any opposed? The motion carries unanimously. 14C, the approval of a agreement between Ditt and County and the State Office of Court Administration for a license to use office space and a courthouse on the square in any appropriate action. I've got a course in what space are they going to be using? Your office. Isn't that right? Yeah. My suite of offices. Along with going to be here. Is this a temporary? It's temporary. All right. Commissioner's actually she's going to utilize the front portion of Commissioner Marchance Office. And I believe the term for the contract is one year I'm not sure about that renewable I would assume. They've run this by me I don't use that office use my Carrollton office it's my primary office. They've given afforded me the opportunity if I ever want to use it. That my back personal office is it's still available and they're only used at front. One year last use the space. That was my concern was just the 10 year. Okay. So do we have a motion for approval? Second. So we don't have one yet. So do we have a motion for approval? We don't have one yet. So commissioners will approve. Second by the chair. We'll second any other comments all in favor say aye I can you post Let the record reflect one day. Breathe so that we will So the motion fails for lack of a quorum And we can repost this when we have a full house If if they so desire 14-D approval of the master purchase agreement including a dendom and order form between I 365 ink and didn't county for the purchase of evalt SAS plus Offsite data protection and recovery software and services for the didn't county tax assessor Good for approval to my commissioner marchin Any tax assessor? Yes, for approval. To my commissioner, Marchant. Chair, we'll second. Any questions or comments? All in favor say aye. Aye. Opposed? Motion passes unanimously. 14E approval of the professional services contract between Ditt and County Texas and T. Nell and Perkins Inc for professional engineering and surveying services for the South County Line Road Bridge replacement project in the amount of 3400 with funds to come from road bridge west professional services Auto Line item 2 0 8 5 4 0 5 3 0 1. I'll move for approval Seconded by Commissioner Mitchell I will comment that you know this is a bridge we think is in question and with the upcoming bridge inspections we're going ahead and hiring Tino Perkins to go ahead and start the design of this bridge. So if it is indeed closed we'll be ready to go under construction immediately upon closure. So we're being very proactive about this. I'm very pleased and appreciative of Robin, Davis and her help with this. All in favor say aye. Any opposed? The motion carries unanimously. 14 F approval of one rescinding court order 09-215 for the local project advance funding a agreement between Ditton County, Texas and the state of Texas acting through the Texas Department of Transportation approved in March 24, 2009 and to approve of the revised local project advance funding agreement between Ditton County, Texas and the state of Texas acting through the Texas Department of Transportation for right of way acquisition for the state Highway 114 project from 0.45 miles west of FM 15 to point 2, 2 miles east of I-35W. Right away, CSJ 035302-066, an amount of $1 million with funding to be transfers from Commissioner Precinct 2, Tribal 4, the Connick-Hausway Funds, and transfer to Commissioner Precinct 4, Tribal 4 State Highway 114 Funds, funds, auditor 7674549010. Chair, I'll move for approval. Second. Thank you. Thank you about Commissioner Marchett. Is there any questions or comments? All in favor say aye. Aye. Any opposed? The motion passes your name as thank you, Commissioner Marchett. Item 14G approval of one contract for purchase of right away between Ditton County, Texas from the estates of Haley and Rielord deceased by and through Betty Morse independent exec fortress for parcel two section one of the FM 544 improvement project from FM 2281 to Parker Dozier Road, to Grand Authorization Prozzi with closing approval for the Ditton County Judge to sign all necessary closing documents in three. Director Ditton County auditor to issue a warrant in the amount of $2,500,000 plus any applicable fees with funding to come from Commissioner Precinct to Better Safer Road's Program Funds, FM 544 Capacity Line Item, 0 7 4 6 3 9 0 2 0. Good for approval. Second. Motion by commission of marches. Second by commission of Mitchell. Any questions? All in favor say aye. Aye. Any opposed? The motion carries unanimously. I think we have done it all done. With that, we'll close the session. Thank you.